Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
Transfer-pricing comparability requires exclusion of financially illogical super-profit comparables and correction of unsupported annual-report and ma...
Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
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The HC held that the Ministry's 2015 order brings enactments in the Fourth Schedule within the RFCTLARR Act for purposes of determination of compensation, rehabilitation, resettlement and related amenities; consequently compensation awarded by the acquiring authority under the National Highways Act, 1956 is governed by the RFCTLARR Act. Pursuant to Section 103, RFCTLARR Act operates in addition to other laws, and beneficiaries of compensation are entitled to the statutory benefits under Section 96, including exemption from income tax, stamp duty and fees. The substantial question of law is answered for the assessee and against the revenue: compensation received for acquired land is not exigible to tax.
The HC held that the Ministry's 2015 order brings enactments in the Fourth Schedule within the RFCTLARR Act for purposes of determination of compensation, rehabilitation, resettlement and related amenities; consequently compensation awarded by the acquiring authority under the National Highways Act, 1956 is governed by the RFCTLARR Act. Pursuant to Section 103, RFCTLARR Act operates in addition to other laws, and beneficiaries of compensation are entitled to the statutory benefits under Section 96, including exemption from income tax, stamp duty and fees. The substantial question of law is answered for the assessee and against the revenue: compensation received for acquired land is not exigible to tax.
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